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APRIL, 1915]
The Gazette of the Incorporated Law Society of Ireland.
103
CHANCERY DIVISION.
In re FitzGerald's Costs.
(Before Barton, J.)
18th March, 1915.—
Lands Clauses Acts—
Compulsory acquisition of
land under
Housing of the Working Classes Acts—
Purchasers' Solicitors' Costs—Solicitors'
Remuneration Act,
1881,
Schedule
1,
Part
I.,
Rule
11.
In case of compulsory acquisition of land
under the Lands Clauses Consolidation Act,
the purchaser's solicitor is entitled to draw
his costs under the old system by item.
This was an appeal by Messrs. D. and T.
Fitzgerald,
Solicitors
for
the Pembroke
Urban District Council, in reference to the
principle upon which their Bill as such
Solicitors should be taxed. The costs were
concerned with the compulsory acquisition
of lands in the Pembroke Township under the
Housing of
the Working Classes Acts.
Messrs. Fitzgerald prepared their bill of costs
under the old system by items, and when the
bill came before the Taxing Master for taxa
tion he stated that the three Taxing Masters
had come to the conclusion that the costs of
the purchasers in all cases of compulsory
acquisition of land under the Land Clauses
Acts must be dealt with under the first
schedule of the General Order under the
Solicitors Remuneration Act, and that Rule
11 of Schedule 1, Part 1, of the General Order
applies only to vendors' Solicitor's costs, and
he accordingly reduced the bill of costs by
fixing the amount in the case of each lot
acquired according to the scale under that
schedule.
From
that
decision Messrs.
Fitzgerald appealed.
It appeared that up to
the present costs of this description had
always been taxed outside the scale, and the
Pembroke Urban Council raised no objection
to the principle on which Messrs. Fitzgerald
prepared their costs.
Mr. Justice Barton, in giving judgment,
held that the case relied on by the Taxing
Master
In re Stewart
(41 Ch. D., 494) did not
apply in Ireland, and that in so far as the
bill of costs in question related to sales under
the Land Clauses Consolidation Act,
the
scale did not apply. His Lordship accordingly
allowed the appeal, and gave the appellants
their costs.
Solicitors,
and Apprentices
to
Solicitors,
serving in His Majesty's Forces.
THE following is a list of Irish Solicitors, and
of Apprentices to Irish Solicitors, who are
serving in His Majesty's forces.
Should the name of any Solicitor, or
Apprentice, who is at present serving in His
Majesty's forces be omitted from this list, or
should there be any inaccuracy in the list, it
is requested that information will be sent to
the Secretary.
SOLICITORS.
Atkinson, Thomas J., Captain, 9th Batt.,
Royal Irish Fusiliers.
Ball, George J., Captain (attached), Royal
Engineers.
Barron, Louis, Lieut., 7th Batt., Border
Regiment.
Bridge, Wm. P., " D " Co., 7th Batt., Royal
Dublin Fusiliers.
Campbell, Joseph P. V., 2nd Lieut., Army
Service Corps.
Cox, Pierse J., Motor Despatch Rider, Royal
Engineers.
Craig, Charles C., M.P., Captain, llth Batt.,
Royal Irish Rifles.
Crozier, Fras. R. M., Captain, 6th Batt.,
Royal Irish Fusiliers.
Cunningham, Frederick A., Captain, Royal
Irish Rifles.
Dunlea, Aloysius M., 2nd Lieut., 6th Batt.,
Royal Irish Regiment.
Dunn, John V., Lieut., 7th Batt., Royal
Munster Fusiliers.
English, Robert D., Lieut., 8th Batt., Royal
Dublin Fusiliers.
Exham, Cecil H., 2nd Lieut., 4th Batt.,
Royal Munster Fusiliers.
Falls, Chas. F., Major, llth Batt., Royal
Inniskilling Fusiliers.
Findlater, Herbert S., " D " Co., 7th Batt.,
Royal Dublin Fusiliers.
Fottrell, Brendan J., Lieut., 3rd Batt., Royal
Irish Regiment.
Killed in action.
Fry, Philip G., 2nd Lieut., 8th Batt., Royal
Irish Fusiliers.
Gait, William H. C., 2nd Lieut., 9th Batt.,
Royal Dublin Fusiliers.
Gillespie, Thomas V., 2nd Lieut., 6th Batt.,
Royal Inniskilling Fusiliers.
Gilmore, Dinnen B., 2nd Lieut., 6th Batt.,
Royal Dublin Fusiliers.